Ohio Admin. Code 742-4-13 - Impact of military leave

(A) This rule shall apply to members a member who are is a DROP participants, called into active military service, and who are is granted service credit for the time period during which they were the member was called into active military service while a DROP participant, pursuant to section 742.521 of the Revised Code.

(B) In the event the member is on active military service at the time of the member's his/her effective date into DROP, OP& F shall credit the member's contributions required under division (B)(1) or (B)(2) of section 742.443 of the Revised Code, in accordance with the provisions of paragraph (D) of this rule and shall recalculate the service credit at the time of the member's DROP participant's effective date and corresponding DROP benefits if and when the service credit is granted in accordance with section 742.521 of the Revised Code.

(C) In cases where the member is called into active military service after the member's his/her effective date into DROP, OP& F shall credit the member's contributions required under division (B)(1) or (B)(2) of section 742.443 of the Revised Code, in accordance with the provisions of paragraph (D) of this rule.

(D) In determining the member's contributions under paragraphs (B) and (C) of this rule, as the case may be, OP& F shall determine such contributions based on the contributions allocated for the member's benefit based on "salary" reported by the member's employer during that time period during which the DROP participant was in active military service, which is based on the rate the employee would have received but for the period of military service, including any pay raises.

(E) All determinations of "salary" shall be consistent with the provisions of division (L) of section 742.01 of the Revised Code and rules 742-3-02 and 742-4-17 742-4-06 of the Administrative Code ("Calculation of DROP Benefits").

(F) The amount provided for in paragraph (D) of this rule shall only be included for crediting the member's contributions according to division (B)(1) or (B)(2) of section 742.443 of the Revised Code if the member pays to OP& F the difference between the member contributions paid by his/her the member's employer and the actual member contributions due within three times the member's period of uniformed service, but no more than five years, which shall start on the date of the DROP participant's reemployment. All amounts shall be paid at no interest to the member.

(G) This rule shall be subject to the provisions of division (C) of section 742.444 and section 742.445 of the Revised Code.

(H) Capitalized terms used in this rule shall have the meaning assigned to them in rule 742-4-01 of the Administrative Code (definitions).

Notes

Ohio Admin. Code 742-4-13

Five Year Review (FYR) Dates: 2/3/2023 and 02/03/2028
Promulgated Under: 111.15
Statutory Authority: 742.10, 742.43
Rule Amplifies: 742.444
Prior Effective Dates: 12/31/2002 (Emer.), 04/06/2003, 08/28/2008, 01/07/2013 (Emer.), 02/04/2013, 03/22/2018

Effective: 3/22/2018
Five Year Review (FYR) Dates: 1/5/2018 and 01/05/2023
Promulgated Under: 111.15
Statutory Authority: 742.10, 742.43
Rule Amplifies: 742.444
Prior Effective Dates: 12/31/2002 (Emer.), 04/06/2003, 08/28/2008, 01/07/2013 (Emer.), 02/04/2013